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Lowndes | Article Detail

Article Detail

News & Knowledge

Governor DeSantis Extends Moratorium on Evictions and Foreclosures until August 1

July 01, 2020

By: Michael Provenzale, Nicole Cuccaro, & Emmett Egger

Yesterday, Florida Governor Ron DeSantis extended, for a third time, a previous executive order that suspended and tolled any Florida Statute that allows landlords to evict residential tenants for non-payment of rent, and that allows lenders to foreclose any mortgages, to August 1, 2020. The executive order, as previously extended, was set to expire today, July 1. Some thought that the Governor would allow the moratorium, as provided for in this extended executive order, to lapse given the push to reopen the economy, but that became increasingly unlikely with the recent increase in COVID-19 cases.

In sum, landlords may still not evict residential tenants for non-payment of rent; however, landlords may (i) initiate residential evictions due to a non-monetary default and, in most Florida counties, (ii) start commercial tenant eviction proceedings. At the federal level, the CARES Act’s moratorium on foreclosures of federally-backed mortgage loans on residential properties is still in effect and not subject to termination via a Florida executive order.

For a more in-depth analysis of Governor DeSantis’ previous executive order suspending and tolling residential evictions and the CARES Act’s moratorium on foreclosures, please click here.

Please contact an attorney with any questions on whether and how a landlord can evict a tenant or foreclosure a mortgage. 


This article is informational only. You should consult an attorney before acting or failing to act. The law may change rapidly and no warranty is given. LOWNDES DISCLAIMS ALL IMPLIED WARRANTIES AND WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ALL ARTICLES ARE PROVIDED AS IS AND WITH ALL FAULTS. Consult a Lowndes attorney if you wish to establish an attorney/client relationship.
Michael

Mike Provenzale is a shareholder in the Creditors’ Rights Group, representing institutional and private lenders in commercial loan foreclosure and other collection lawsuits, receiverships, workouts, bankruptcies, and REO dispositions throughout the state. His litigation practice also includes business, real estate, and condominium litigation.

Additionally, Mike has experience in the area of Real Estate Transactions, Development and Finance, where he has represented a myriad of private and public clients in connection with the leasing, financing, acquisition, and disposition of commercial real estate, and has published several articles on current creditors’ rights and real estate issues.

Nicole

Nicole Cuccaro focuses her practice on real estate transactions, real estate development and commercial leasing.


Nicole's practice includes the acquisition, disposition, leasing and financing of commercial real estate in the retail and hospitality industries. Before she began her career in real estate law, her practice was focused on commercial and corporate litigation where she regularly represented lenders and business entities.

Emmett

Emmett Egger focuses his practice on assisting clients with acquiring, developing, financing and leasing commercial real estate assets, including multifamily, office buildings, condominiums, shopping centers, hospitality and leisure assets, and senior living facilities. He has experience with a wide range of complex commercial real estate transactions, including real estate portfolio deals and sale-leaseback transactions. He has also represented property owners and management companies in commercial landlord-tenant disputes.

A tennis player from a very young age, Emmett served as captain of the men’s tennis team at the University of Washington and qualified to play in all four junior majors (Australian, French, Wimbledon, and U.S. Open). Utilizing the discipline, focus and determination that he cultivated as a competitive athlete, he provides timely and high-quality legal solutions for clients faced with a variety of complex real estate acquisition, development, finance and commercial leasing issues.

Emmett serves as chair of the Orange County Bar Association’s Real Property Committee. He is also a member of the Orange County Teen Court Advisory Board and the Victim Service Center of Central Florida Young Professional Board.

Still an avid tennis player, Emmett also enjoys sports, hiking, fishing and the great outdoors.

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